Please read this agreement carefully before accessing the Alex Headshots website or using services. By accessing the Alex Headshots website, or using any part of the website or corresponding services, you are indicating your acceptance of, and agree to be bound by, the 'Terms and Conditions of Service' detailed below. If you do not agree to all these Terms and Conditions of Service, do not access the website, nor use any of its services.
For the purpose of these 'Terms and Conditions of Service', the term 'PHOTOGRAPHER' refers to Alex Headshots, while the term 'CLIENT' refers to You – the visitor of the website or user of the Alex Headshots services.
Alex Headshots (hereinafter the "PHOTOGRAPHER") and a legally capable adult individual (hereinafter the "CLIENT") enter into the following agreement:
1. Services
1.1. PHOTOGRAPHER agrees to reserve the scheduled session date, time and location to provide the CLIENT with the service of a Photo Shoot Session.
1.2. The PARTIES agree to cooperation and communication for the best possible result within the definition of this session. PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photo sessions.
1.3. Once the “session fee” is processed and paid in full, PHOTOGRAPHER will take photographs of CLIENT during the photo session. PHOTOGRAPHER will give CLIENT online access to a password-protected web gallery of proofing images within TWO days of the photo session date. Images will be low-resolution proofs for online viewing only. CLIENT will have access to the proofing gallery for 7 days. CLIENT will select images from the gallery as final images from the session.
1.4. Once CLIENT completes full payment for each final image selected, known as “photo fee”, PHOTOGRAPHER will deliver the final images via an online file transfer service within 2 days of CLIENT's notification of final selection. The final images will include complete retouching. Photographer may reserve extra 2 days to deliver final retouched images in high-resolution if more than 3 images are selected.
1.5. CLIENT understands and agrees that PHOTOGRAPHER will deliver final retouched full-resolution images via an online file transfer service.
1.6. CLIENT understands and agrees that low-resolution images in the online proofing gallery may not be reproduced or distributed or printed by any means whatsoever.
After ONE months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
CLIENT assumes all responsibility for the safety of all photographs upon receipt.
2. Copyright and Licensing of Images
2.1. CLIENT understands and agrees that photographer owns the absolute and irrevocable right and permission to copyright the photographs that he/she has taken of client and or their dependent; to use and publish the work product as part of photographers portfolio and websites, galleries and other media for the purpose of promoting and showcasing photographers work.
CLIENT agrees to properly identify PHOTOGRAPHER as the creator of the final images. CLIENT does not have a proactive duty to display PHOTOGRAPHER’s name together with the final images, but CLIENT may not seek to mislead others that the final images were created by anyone other than this PHOTOGRAPHER.
2.2. PHOTOGRAPHER grants to CLIENT usage rights for the final images from each individual's session.
3. Payment
3.1. CLIENT agrees to pay for the session in full by the session date.
Session Fees: CLIENT agrees to pay photographer a session fee at the Photographer’s studio or at the Location of CLIENT’s choice in advance at the time of booking to secure their appointment date and time. This is a non-refundable fee, even if the photo session is cancelled for any reason. In the event of sickness, every effort will be made to reschedule the session for another time that is convenient for both parties. Sessions can only be rescheduled one time at no cost. Each Final Digital Image can be purchased separately for a photo fee after the session.
Location Costs & Fees: If there are any costs/fees associated with the location the client has chosen for their session, the CLIENT will be responsible for those fees. The photographer will not guarantee or arrange payment on any location.
4. Rescheduling and Cancellation
4.1. In the unlikely event that PHOTOGRAPHER is unable to provide the services on the scheduled date, the CLIENT may reschedule the session and the terms of this Agreement to a future date or terminate the agreement without further action.
Rescheduling: If an illness or situation prevents a photo session from taking place, CLIENT may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Re-shoots / Refunds: Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
5. Limit of Liability
5.1. Services provided are non-refundable.
5.2. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved.
5.3. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within PHOTOGRAPHER's control, PHOTOGRAPHER's liability is limited to scheduling a new session in order to complete services paid for. PHOTOGRAPHER is not responsible for refunding any fees or any other expenses or fees paid by CLIENT to any third party such as a makeup artist.
5.4. CLIENT understands and agrees that PHOTOGRAPHER is not responsible for or liable in any way for any damage to or loss of CLIENT's belongings or for any personal injury to CLIENT before, during or after the session.
5.5. CLIENT shall indemnify, defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.
5.6. CLIENT agrees to release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
5.7. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.
6. Style (Artistic Release)
6.1. The PHOTOGRAPHER undertakes to perform the photo shooting on a professional and technical level, confirmed by the photos in the PHOTOGRAPHER's portfolio, in accordance with his/her idea of the style in which the shooting should be carried out.
6.2. PHOTOGRAPHER will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and PHOTOGRAPHER will use reasonable efforts to consult with CLIENT and incorporate any reasonable suggestions.
6.3. CLIENT acknowledges and agrees that:
CLIENT has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that PHOTOGRAPHER will perform the Services in a similar style
PHOTOGRAPHER will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
7. Session Requests
7.1. No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement.
7.2. Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute planning, staging, changing, or simply getting acquaitned before our session.
7.3. Please do not bring any children not being photographed to the session.
Approval
I have read, understand, and agree to abide by the terms of this portrait photography agreement as they are listed above.
